Buxbaum v. Block, Inc.
- Laura Swain
- 1:24-cv-10062
- U.S. District Court · Southern District of New York
- 2
In Buxbaum v. Block, Inc., Judge Swain ordered Michael Buxbaum to pay fees or submit an IFP application within 30 days.
Michael Buxbaum, who filed without a lawyer, must either pay the required fees or submit an application to proceed without prepayment; otherwise, the action will be dismissed.
What happened
In Buxbaum v. Block, Inc., Michael Buxbaum filed a civil action without a lawyer but did not submit the required filing fees or an application to proceed without prepaying them.
Judge Swain ordered Buxbaum, within 30 days, either to pay $405 in fees or submit a signed application to proceed without prepayment. No summons will issue at this time.
The court said the action will be dismissed if Buxbaum does not comply. Judge Laura Taylor Swain also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Buxbaum v. Block, Inc. · No. 1:24-cv-10062
- Laura Swain
- Jan. 7, 2025
Background
Michael Buxbaum filed this action against Block, Inc. without a lawyer. He submitted the complaint without paying the required fees and without submitting an application to proceed without prepaying fees.
Order
The court explained that filing a civil action requires either payment of a $350 filing fee and a $55 administrative fee, for a total of $405, or a signed application to proceed without prepayment under 28 U.S.C. § 1915. The court gave Buxbaum 30 days from the date of the order to pay the $405 or submit the attached application. If the court grants the application, Buxbaum may proceed without prepaying the fees.
No summons will issue at this time. The case will be processed by the Clerk’s Office if Buxbaum complies. If he does not comply within the allowed time, the action will be dismissed.
Appeal-Related Ruling
The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith. It therefore denied permission to appeal without prepaying fees.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.